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HomeMy WebLinkAboutTHOMPSON WRECKING CO CITY OF AUGUST A CONSULTANT SERVICE AGREEMENT Project: S1. Sebastian Way/Greene St./15th S1. DE-OOMS(389) Caunty Richmand P. I. Na.# 262750 This Agreement is made and entered inta this !to day .of , 20b b, by and between the City .of Augusta, hereinafter called the "City" and ham san Bui1din Wreckin Ca., Inc., autharized ta da business in Geargia, hereinafter called the "CONSULTANT." WHEREAS, the City desires ta .obtain the services .of a qualified and experienced cansultant ta pravide certain services as .outlined in Attachment "A," .of this agreement entitled 'Scape .of Wark'; said services being related ta the Demalitian Activities an the abave referenced project; and WHEREAS, the QUALIFIED REPRESENTATIVE OF THE CONSULTANT has represented ta the City that it is experienced and qualified in these activities as identified in said Attachment "A," and the City has relied upan such representatian; NOW, THEREFORE, in cansideratian .of the mutual promises and cavenants herein cantained, it is agreed by and between the City and the CONSULTANT (further reference herein ta CONSULTANT shall alsa mean ta include CONSULTANT; QUALIFIED REPRESENTATIVE .of the CONSULTANT; and, any qualified DESIGNATED REPRESENTATIVE of the CONSULTANT) that: 1. This Cansultant Service Agreement may be entered inta with either an individual cansultant, as a single entity, .or with a firm, partnership, carparatian .or cambinatian thereaf. A. If said agreement is entered inta with a firm, partnership, carparatian .or cambinatian thereaf, the fallawing regulatians will apply: 1. The names .of the Cansultant's designated representatives must be identified an Page 5 in this agreement and must be appraved by the Geargia Department .of Transpartatian (GDOT) and be fully qualified ta perf arm the required services. 2. The City and the Cansultant recagnize that cantinued and uninterrupted perfarmance .of the specified services is essential. Therefare, it is further agreed between the parties that in the event a named representative .of this agreement leaves the Cansultant's emplay, the Cansultant shall immediately natify the City and with approval fram the City, assign this agreement ta an equally qualified representative. B. The representatives designated by a firm, partnership, carparatian .or cambinatian thereaf ta perfarm certain service assignments hereby understand and agree ta abide by all requirements and canditians .of this agreement as verified by Cansultant's signature. 2. Cansultant agrees ta begin services as .outlined in Attachment "A" upan receipt .of the Natice ta Praceed issued by the City. 3. It is understaad and agreed that the cansultant perf arming any wark under this cantract will nat emplay, assign, .or use any individual in the perfarmance .of this cantract wha is nat prequalified and nat previausly appraved by the GDOT ta perfarm the services .outlined in Attachment "A." 4. This agreement is nat assignable by Cans!lltant, either in whale .or in part and na partian .of the wark may be sublet .or transferred ta any ather persans without priar written appraval .of the City. If it is discavered that such a vialatian has .occurred, the Cansultant .of recard will be subject ta suspensian far a periad .of time ta be specified by the City. 5. It is fully understaad and agreed that in the event the services are nat campleted within the specified time, a penalty .of suspensian fram all cansultant activity far a periad .of time ta be specified by the GDOT may be impased. Hawever, it is understaad that an extensian .of time may be granted by the City, under extenuating circumstances, if canditions sa warrant and the request far such an extensian is submitted in writing. 6. The Cansultant further warrants that he has nat emplayed .or retained any campany .or persan ather than an individual salely under his emplay ta salicit .or secure this agreement and that he has nat paid .or agreed ta pay any campany .or persan ather than .one afhis bana fide emplayees warking salely far him any fee, cammissian, percentage, brakerage fee, gifts, or any ather cansideratian, cantingent upan .or resulting fram the award .or making .of this agreement. Far breach .or vialatian .of this warranty, it is understaad that the City will have the right ta annul this agreement withaut liability, and in the event canditians .or circumstances sa warrant, this agreement may, by mutual cansent, be adjusted as ta time .or basis .or payment. 7. The Cansultant will immediately natify the City .of any canflicts .of interest which exists .or may arise in the Cansultant's .or its representatives' perfarmance .of any activity addressed in the scape .of services .of this agreement. Upan said natificatian, the City will have the aptian .of either canceling this agreement in its entirety .or withdrawing certain service activities as are necessary ta eliminate the Cansultant's canflict .of interest. 8. The City shall have the right .of cancellatian far all .or any part .of the services under the terms .of this agreement far any reasan by giving natice ta the Cansultant herein, and shall be liable far services furnished .only ta the date .of receipt .of such natice by the Cansultant. In the event .of cancellatian, Cansultant shall be paid a prapartianate part .of the fee far the particular services terminated as set farth abave in prapartian ta the wark actually campleted at the date .of cancellatian. It is agreed that if far any reasan wark under this agreement is terminated, all wark actually dane by the Cansultant ta the date .of cancellatian shall became the praperty .of ~~ . 9. It is agreed that if a dispute cancerning a questian .of fact in cannectian with the wark nat dispased .of by this agreement, arises, the decisian afthe City shall be final. 10. The Cansultant agrees ta indemnify and save harmless the City, its .officers, agents, and emplayees fram any and all claims and lass .occurring .or resulting ta any and all persans, firms, or carparatians furnishing wark, services, materials .or supplies in cannectian with the perfarmance .of this cantract, and from any and all claims and lasses .occurring .or resulting ta any persan, firm, .or carparatian wha may be injured .or damaged by the Cansultant in the perfarmance of the agreement. 11. The parties hereta agree that the Cansultant, and any agent .of the Cansultant, in the perfarmance .of this agreement, shall act in an independent capacity and nat as .officers, emplayees .or agents .of the City. 12. The Cansultant agrees ta camply with all Federal, State and lacal laws and all palicies and pracedures afthe City applicable ta the wark. 13. The Cansultant alsa agrees ta camply with Federal regulatians relative ta nan-discriminatian in Federally-assisted pragrams .of the U.S. Department .of Transpartatian as herein defined under Appendix "A" belaw: APPENDIX "A" a. Campliance with Regulatians: The cantractar shall camply with the Regu1atians relative ta nandiscriminatian in Federally-assisted pragrams of the Department .of Transpartatian, Title 49, Cade .of Federal Regulatians, Part 21, as they may be amended fram time ta time, (hereinafter referred ta as the Regulatians), which are herein incarparated by reference and made a part .of this cantract. b. Nan discriminatian: The cantractor, with regard ta the wark perf armed by it during the cantract, shall nat discriminate an the graunds .of race, calar .or natianal .origin in the selectian and retentian .of cantractars, including pracurements .of materials and leases .of equipment. The cantractar shall nat participate either directly or indirectly in the discriminatian prahibited by Sectian 21.5 .of the Regulatians, including emplayment practices when the cantract cavers a pragram set farth in Appendix B .of the Regulatians. c. Salicitatians far Subcantractars, InCluding Procurements .of Materials and Equipment: In all salicitatian either by campetitive bidding .or negatiatian made by the cantractar far wark ta be perfarmed under a subcantract, including pracurements .of materials .or leases .of equipment, such patential subcantractar .or supplier shall be natified by the cantractar .of the cantractar's abligatians under this cantract and the Regulatians relative ta nandiscriminatian an the graunds afrace, calar .or natianal .origin. d. Infarmatian and Reparts: The Cantractar shall pravide all infarmatian and reparts required by the Regulatians, .or directives issued pursuant thereta, and shall permit access ta its baaks, recards, accaunts, ather saurces .of infarmatian, and its facilities as may be determined by GDOT .or the Federal Highway Administratian (FHW A) ta be pertinent ta ascertain campliance with such Regulatians .or directives, where any infarmatian required .of a cantractor is in the exclusive passes sian .of anather wha fails .or refuses ta furnish this infarmatian,.the cantractar shall sa certify ta the GDOT .or the FHW A, as apprapriate, and shall set farth what effarts it has made ta .obtain the infarmatian. e. Sanctians far Nancampliance: In the event .of the cantractar's nancampliance with the nandiscriminatian provisians .of the cantract, the City shall impase such cantract sanctians as it, GDOT .or FHW A may determine ta be apprapriate, including, but nat limited ta: 1) withhalding .of payments ta the cantractar .or under the cantract until the cantractar camplies, and/ar 2) cancellatians, terminatian .or suspensian .of the cantract, in whale .or in part. f. Incarparatian .of Pravisians: The cantractar shall include the pravisians .or paragraphs "a" thraugh "f' in every subcantract, including pracurements .of materials and leases .of equipment, unless exempt by the Regulatians, .or directives issued pursuant thereta. The cantractar shall take such actian with respect ta any subcantract .or pracurement as the City, GDOT .or FHW A may direct as a means .of enfarcing such pravisians including sanctians far nan-campliance: Pravided, hawever, that in the event a cantractar becames invalved in, .or is threatened with, litigatian with a subcantractar .or supplier as a result .of such directian, the cantractar may request the City ta enter inta such 1itigatian ta protect the interest .of the City, and, in additian, the cantractar may request the GDOT taenter inta such 1itigatian ta pratect the interest .of the State and FHW A ta enter inta such litigatian ta pratect the interest .of the United States. DRUG-FREE WORK PLACE CERTIFICATION 14. The undersigned certifies that the provisians .of Cade Sectian 50-24-1 thraugh 50-24-6 .of the Official Cade .of Geargia Annatated, relating ta the "Drug-free W arkplace Act", have been camp lied with in full. The undersigned further certifies that: (1) A drug-free warkplace will be provided far the cantractar's emplayees during the perfarmance .of the cantract; and (2) Each cantractar wha hires a subcantractar ta wark in a drug-free warkplace shall secure fram that subcantractar the fallawing written certificatians: "As part .of the subcantracting agreem~nt with certifies ta the cantractar that a drug-free warkplace will be pravided far the subcantractar's emp1ayees during the perfarmance .of this cantract pursuant ta Paragraph (7) .of Subsectian (B) .of Cade Sectian 50-24-3." (3) Alsa, the undersigned further certifies that he will nat engage in the unlawful manufacture, sale, distributian, dispensatian, passessian, .or use .of a cantralled substance .or marijuana during the perfarmance .of the cantract. 15. All infarmatian and/ar knawledge gained fram the perfarmance .of this agreement are ta be treated as canfidential and privileged cammunicatian. The Cansultant shall take all necessary steps ta insure that neither he nar any member .of his staff .or arganizatian divulges any infarmatian gained fram the perfarmance .of this agreement ta anyane ather than the praper .officials .of GDOT .or .officials .of the FHW A until autharized by City Officials ta da sa, .or until the Cansultant is required ta da sa by due process .of law .or until released fram this abligatian by having publicly testified as ta such findings. 16. It is mutually understaad and agreed that na alteratian .or variatian .of the terms .of this agreement shall be valid unless made in writing and signed by the parties hereta, and that na .oral understanding .or agreements nat incarparated herein, and alteratians .or variatians .of the terms hereaf, unless made in writing between the parties hereta, shall be binding an any .of the parties hereta. 17. See Attachment "A" far Scape .of Services and Bid Item 06-136 far cantract amaunt (capy attached). The undersigned has read all terms and canditians .of this Cansu1tant Service Agreement and Attachment "A" Scape .of Services and agrees ta fully camply with its cantent. ATTACHMENT "A" SCOPE OF SERVICES Specific tasks included are: 1. Within 14 calendar days .of executed Agreement, submit General Wark Plan ta Owner's Pr.oject Manager, including scheduled campletian .of all majar tasks. 2. Prepare a Safety Plan and submit t.o Owner's Praject Manager, within 14 days .of executed Agreement. Plan shauld include emergency respanse pracedures, discussian .of patential hazards, persanal pratective equipment, air manitaring, etc. 3. Attend Pre-Demalitian Canference with Owner Representatives. 4. Obtain and pay far all required permits, taking inta accaunt all applicable laws and regulatians. 5. Priar ta demalitian wark, utilize an approved Pest Cantral Cantractar ta search far and exterminate radents faund an the property. 6. Caaperate and suppart enviranmental engineers in their abatement .oversight duties, including aIr manitaring and abatement campliance inspectians. 7. Dispase .of all hazardaus waste in accardance with Abatement Plan and Lacal and State regulatians. 8. PrateCt all adjacent praperties that may be affected by the demalitian wark, including histaric h.omes and .operating businesses. 9. Install an eight faat high chain link fence with twa ten faat gates ta secure the site. Fence shall be placed priar ta start .of Wark and shall remain in place until wark is Substantially Camplete, whereupan it shall be remaved by the Cantractar. 10. Utilize water-based .or ather appraved dust cantral methads ta reduce migratian .of dust and debris anta adjaining properties. 11. Campletely demalish, remave and praperly dispase .of all an-site structures, including all cancrete and asphalt parking areas. The remaval .of this cancrete .or asphalt shauld be dane in such a way as ta minimize the impact an the surfaces under these materials. 12. Fallawing demalitian, pravide tapagraphical survey .of site, indicating lacatians and sizes .of all subsurface, residual faundatians, including spread faatings, pile caps and piles, ta a depth .of at least 42" belaw finished flaar elevatian .of ther graund flaar .of the buildings. Pravide spat elevatians at tap .of said faundatian structures and statement .of elevatian datum, using Natianal Vertical Geadetic Datum (NVGD) 1929. Give lacatian .of benchmark used. 13. Caardinate all utility wark with apprapriate autharities, including Augusta Utilities, Geargia Pawer, BellSauth and the natural gas campany (Atlanta Gas Light). 14. Pravide traffic cantral as needed. 15. Cantact all necessary utility campanies far all apprapriate discannectians .of service and arrange far remaval .of any utility-awned equipment. 16. Remave all rubble and debris fram the praperty, transpart and dispase .of in accardance with Lacal and State regulatians. .17. Pravide evidence .of praper manifests and dispasal procedures, including delivery receipts at permitted dispasal facilities. Include type .of materials, type/lacatian .of facility, date .of delivery and tipping fee paid. 18. Camply with all Federal, State and Lacal regulatians. All salvageable materials will became the property .of the Cantractar, unless specifically nated .otherwise. HIRAM E. THOMPSON President GLEN F. THOMPSON Vice President THOMPSON BUILDING WRECKING CO., INC. 631 Eleventh Street P.O. Box 932 Augusta, Georgia 30903 Phone (706) 722-1432 Fax (706) 722-4253 Commercial Demolition Equipment Rental Grading / Clearing Ms. Geri Sams - Pracurement Directar AUGUSTA RICHMOND COUNT530 Greene Street - Raam 605 Augusta, Georgia 30911 RE: RFP ITEM NO. 06-136, DEMOLITION OF THE ARTS THEATER AND CAR WASH Dear Ms. Sams: We at Thompson Building Wrecking Ca., Inc. are pleased ta submit our bid pertaining ta the abave referenced praject, as well as the additianal items of information requested in yaur Bid Package, as fallows: CONTACT PERSON OF AUTHORITY - HIRAM E. THOMPSON - PRESIDENT OFFICE PHONE NO. 706-722-1432 - OFFICE FAX. 706-722-4253 - CELL 840-3340 E-MAIL ADDRESS - linda@thampsonwrecking.cam SCOPEOF WORK: Demolish and remove .off site bath the car wash and arts theater camplete: includes associate asphalt and cancrete assaciated with both prajects using standard equipment; excavator, skid steer and heavy trucks, careful not to disturb graund as little as possible while performing wark. EXPERIENCE AND CAPACITY: Thampsan Building Wrecking as been in business far 45 years and an many occasians warked far the City .of Augusta demolishing structures of various sizes. Some larger than the twa in this project as well as many condemned residential structures. As far as capacity, we easily have.six ta eight projects simultaneously with aver forty (40) emplayees and a fleet .of heavy trucks and equipment. PERSONNEL: Glen F. Thompsan - Vice President, Marcus B. Thampson-Asbestas Inspectar and Asbestos Supervisar. . Insurance .(Enclased), Praposal fee (Enclosed) RFP: (Enclosed), References (Enclased), Resumes (Enclosed). Thampsan Wrecking may begin wark within ten (10) days afnatice ta proceed and all wark campleted within thirty (30) days there after. Please call ifthere are any questians .or if we can be .of further help. ~elY" . ~~~ BID FORMRFP # Item No. 06-136 Demolition of the Arts Theater and .Car Wash Note: Bids which fail to complete all portions of this form will be considered non-responsive. Unit Quantity Units Rate 9!!! Cost I - Building Demolition & Disposal Demolish & dispose lump sum $ N/A $ 42,500.00 Cost II _ Demolition of Site Utilities Demolition & disposal lump sum. $ N/A $ 2,380.00 Cost II1- Other Costs All other direct & indirect costs, overhead, profit, etc. Lump Sum $ N/A $.19,560.00 Total Bid Amount $ 64,440.00 Schedule Total number of calendar days from Notice to Proceed to Substantial Completion (fucludes completion oftopo survey) Total number of calendar days from Substantial Completion to Final Completion 30 30 EX~'~~ , . . Bid . Hiram -. ~. ompso. .. Title: Prl;;'sjr1<:>nt-. . Notary: Commission Expires i/"-/J'~ Date~ ~~. EMPLOYEE CONFLICT OF INTEREST: It shall be unethical far any Augusta; GA business .or participant directly .or indirectly in a pracurement cantract when the emplayee .or .official knows that: , (a) the emplayee .or .official .or any member of the emplayee' s .or afficial' s immediate family has a substantial interest .or fmandal interest pertaining ta the pracurement cantract, except that the purchase .of gaods and services fram businesses which a member .of the Commissian or other Augusta emplayee has a financial interest is autharized as per O.C.G.A. 36-1-14, .or the pracu.rement contract is awarded pursuant ta O.C.G.A. 45-10-22 and45-10~24, .or the transactian is excepted from saidrestrictians byO.C.G.A. 45-10- 25; (b) Any ath~r persan, business, .or arganizatian with whom the emplayee .or official of any member .of an emplayee .or .official's immediate family is negatiating or has an arrangement cancerning prospective emplayment is involved in the pracurement cantract. Any emplayee .or afficial or any member .of an emplayee's .or .official immediate family who holds a substantial interest .or financial interest in a disclased blind trust shall nat be deemed ta have a conflict of interest with regard ta matters pertaining to that substantial interest .or financial interest. It is the wish of the Owner that minarity businesses are given the .opportunity to submit an the variaus parts .ofthe wark. . This desire on the part .of the Owner is nat intended ta restrict .or limit competitive bidding or ta increase the cost .of the work. The Owner supports a healthy free market system that seeks to include respansible businesses and provide ample appartunity far business grawth and develapment. The Disadvantaged Business Enterprise Language for Request for Proposals has been included; Please note that . the DBE fo~s are required to be completed and included as part of your proposals. USE OF CONFIDENTIAL INFORMATION 1-10-15 It shall be unethical far any Augusta, GA Caunty employee .or .official to knawingly use confidential informatian for actual .or anticipated personal gain, or far the actual .or anticipated gain of any ather person. . e~~...~.~ Nartfl:~~ampson ... President Campany: Thompson. Building Date: May 3.0, 2006 Wrecking Ca., Inc. TIDS SHEET IS A REQUIREMENT IN YOUR RFP PACKAGE ATTACHMENT A PROPOSED DBE PARTICIPATION Thampsan Building Wrecking Ca., Inc. PRIME CONTRACTOR PROJECT RFP Item No~ 06-136 DBE FIRM PRINCIPAL ADDRESS/PHONE TYPE OF WORK Dollar Value OFFICIAL NO. of Work .:. Total Price: $ N/A Total DBE value $ N/A Total DBE percent: N/A % Signed By: Title: . Date: May 30, 2006 "100% se1f-:-performing" Revised 1/24/06 .':~"f:~ t':. k f. t I,. i..:....:.,.,:.....'....,.. ,. ~,. I::.'. r ~... "~..' ...: ,';_.,' <f(:\._ \~-' ., PROJECT ATTACHMENT B RFP Item No. 06-136 " LETTER OF INTENT TO PERFORM AS A SUB CONSUL TANT/SUBCONTRACTOR/SUPPLIER .~. TO: THOMPSON BUILDING WRECKING CO., INC. (NAME OF PROPOSER) A. The undersigned intends to perform work in connection with the above project in the following capacity (check one): Ail individual A partnership xx A corporation A joint venture B. The DBE status of the undersigned is confirmed as follows: x X By attachment of a current Certificate of Certification issued by the Department of Transportation By attachment of a current Certification issued by the Disadvantaged Business Enterprise Office C. The undersigned is prepared to perrorm the following work in connection with the above project Demolish and remove .off site both the car wash and arts theater complete: includes associated asphalt & conctete with both prajects using standard equipment~ excavator, skid steer and heavy trucks, D. The undersigned states that they will be performing lOO % of the total project. E. The undersigned will sublet and/or award 0 contractors and lor. non-DBE suppliers. ' ::~. '. . % of this subcontract to non-DBE ormal agreement for the above described work with the e upon the execution of a contract for the project cited Cf Augusta-Richmond County. ... . Thompson Building By: Wrecking. Co., Inc. (DBE Contractor Firm Name) Hiram E, Thompson Signed By: Revised 1/24/06 '. -. ,~~~ Signature .of Cansultant . . Address: \~\ \\~~ ~ ~""~~ \~~ ~\ Signature .of Designated Quali Representati ve SIGNED SEALED AND DELIVERED IN THE PRESENCE OF: ~~ Natary Public (SEAL): MyCa ~\ \\\.~ 'S\ ~ ~ ~ ~~~ ~ ~~ ~~~~ ~EgentsbemgUSed and\;:~~ ~~,,~~ " .~~ ~\\'\.:;l\t\~~~"'~~ See attached far additianal Representatives ( , . Based an priar field review .of the services invalved in this cantract prapasal by the Land Acquisitian persannel as ta the nature and camplexity .of the services required and an my knawledge of fees paid far said services .of similar cantracts, I have determined that the fees as prapased under this cantract are reasanable far the services rendered. . /EMZlI DIRECTOR OF AUGUSTA ENGINEERING ACCEPTED: - Q 111 cf) ---e-{ ~ j)'l-MAYOR ATTEST: WITNESS: WITNESS: i3~(f l.,) ~~ YJ~tJ ~~ NOT . Notary Public Georgia My Comrnl . Columbia County. 2006 SSloo Expires Aug. 1.